NSW EPA’s compliance tools

Sydney Water Corporation (SWC) is wholly owned by the NSW Government.

However, this does not make SWC immune from environmental consequences of management oversights and the inevitable knock on the door from the NSW Environment Protection Authority (EPA).

Recently SWC entered into an enforceable undertaking with the EPA to pay $200,000 to the Parramatta River Catchment Group for the purpose of improving the health of the Parramatta River catchment which was polluted due to SWC’s failure to properly maintain its plant and equipment.

An enforceable undertaking is one approach that the EPA may use when there has been a serious breach of legislation.

Refer to Section 253A of the Protection of the Environment Operations Act 1997 (NSW). In essence, an enforceable undertaking is a written undertaking by a company or an individual to take action to deal with an actual or potential breach of environmental protection legislation.

Should the person or company who entered into the enforceable undertaking breach any of its terms, the EPA has the power to apply to the Court for a number of orders.  Some of the orders that the EPA can apply for include:

-          An order directing the person to comply with the undertaking;

-          An order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained (directly or indirectly) and that is reasonably attributable to the breach; and

-          Any order that the Court considers appropriate.

However, an enforceable undertaking is just one tool in the box that the EPA can use to address actual or potential breach of environmental protection legislation.

Other tools that may be used by the EPA include:

-          Show cause letter;

-          Formal warning;

-          Official caution;

-          Vary, suspend or revoke an Environment Protection Licence;

-          Clean-up notice;

-          Pollution reduction program;

-          Mandatory environmental audit;

-          Penalty notice; and

-          Prosecution.

Most people would want to avoid a situation where they are prosecuted by the EPA for breach of environmental protection legislation.

If this is not possible, mitigating one’s loss is the next best option.

To obtain legal assistance for dealing with and responding to EPA notices, contact Kim Glassborow, Partner at G&B Lawyers.

Kim can be contacted on M: 0481 287 528 or E: kglassborow@gandblawyers.com.au

 

 

G&B Lawyers

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au | kglassborow@gandblawyers.com.au

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